Proving physical presence for citizenship application for son
#1
Forum Regular
Thread Starter
Joined: Jun 2009
Location: Austin, Texas
Posts: 116
Proving physical presence for citizenship application for son
Hi, hope someone can shed some light. We have applied for US citizenship for our 1 year old son on the grounds that my husband is a citizen and has lived there for the past 10 years. To cut a long story short they have told us that the only way we can prove his residence is by showing passports or contacting border control... tax returns (he has always been self-employed), lease agreements etc. properties owned etc. are not good enough because these don't necessarily prove physical presence.
We've handed in all his passports but since there are no exit stamps (I don't know anyone that has been given a stamp upon exiting the US), it makes it quite difficult for them to count up the days. Has anyone else been in this situation and had a hard time proving their presence? Surely we're not the first to be in this situation.. I find it kind of ridiculous that a country like the US has no accurate record of who is in/out of their country and can't understand why they don't give exit stamps. Would appreciate any feedback.. I just hope they aren't going to be complete jerks and try to tell us that my husband hadn't lived there long enough.. We thought we would have no problem at all since he had lived there from 2001-2010, but they're making it almost impossible for us...
By the way we have contacted border control as well for records of my husband's entry and exit dates, but to date have heard nothing and can't find anyway to chase them..
We've handed in all his passports but since there are no exit stamps (I don't know anyone that has been given a stamp upon exiting the US), it makes it quite difficult for them to count up the days. Has anyone else been in this situation and had a hard time proving their presence? Surely we're not the first to be in this situation.. I find it kind of ridiculous that a country like the US has no accurate record of who is in/out of their country and can't understand why they don't give exit stamps. Would appreciate any feedback.. I just hope they aren't going to be complete jerks and try to tell us that my husband hadn't lived there long enough.. We thought we would have no problem at all since he had lived there from 2001-2010, but they're making it almost impossible for us...
By the way we have contacted border control as well for records of my husband's entry and exit dates, but to date have heard nothing and can't find anyway to chase them..
#2
Re: Proving physical presence for citizenship application for son
Reading http://www.cbp.gov/xp/cgov/admin/fl/...ence_guide.xml gives the following contact information:
U.S. Customs and Border Protection
FOIA Division
799 9th Street NW, Mint Annex
Washington, DC 20229-1181
The phone number for the FOIA office is (202) 325-0150.
That said, it isn't clear if they have that information could need to ask under DHS TRIP or DHS US VISIT.
Last edited by sir_eccles; Jun 16th 2011 at 9:23 pm.
#3
Re: Proving physical presence for citizenship application for son
Hi, hope someone can shed some light. We have applied for US citizenship for our 1 year old son on the grounds that my husband is a citizen and has lived there for the past 10 years. To cut a long story short they have told us that the only way we can prove his residence is by showing passports or contacting border control... tax returns (he has always been self-employed), lease agreements etc. properties owned etc. are not good enough because these don't necessarily prove physical presence.
Is your son a permanent resident? If so, and if he's living in the USA, he should be a US citizen regardless of (USC) parent's residence.
#4
Just Joined
Joined: Mar 2011
Posts: 7
Re: Proving physical presence for citizenship application for son
Hi, hope someone can shed some light. We have applied for US citizenship for our 1 year old son on the grounds that my husband is a citizen and has lived there for the past 10 years. To cut a long story short they have told us that the only way we can prove his residence is by showing passports or contacting border control... tax returns (he has always been self-employed), lease agreements etc. properties owned etc. are not good enough because these don't necessarily prove physical presence.
We've handed in all his passports but since there are no exit stamps (I don't know anyone that has been given a stamp upon exiting the US), it makes it quite difficult for them to count up the days. Has anyone else been in this situation and had a hard time proving their presence? Surely we're not the first to be in this situation.. I find it kind of ridiculous that a country like the US has no accurate record of who is in/out of their country and can't understand why they don't give exit stamps. Would appreciate any feedback.. I just hope they aren't going to be complete jerks and try to tell us that my husband hadn't lived there long enough.. We thought we would have no problem at all since he had lived there from 2001-2010, but they're making it almost impossible for us...
By the way we have contacted border control as well for records of my husband's entry and exit dates, but to date have heard nothing and can't find anyway to chase them..
We've handed in all his passports but since there are no exit stamps (I don't know anyone that has been given a stamp upon exiting the US), it makes it quite difficult for them to count up the days. Has anyone else been in this situation and had a hard time proving their presence? Surely we're not the first to be in this situation.. I find it kind of ridiculous that a country like the US has no accurate record of who is in/out of their country and can't understand why they don't give exit stamps. Would appreciate any feedback.. I just hope they aren't going to be complete jerks and try to tell us that my husband hadn't lived there long enough.. We thought we would have no problem at all since he had lived there from 2001-2010, but they're making it almost impossible for us...
By the way we have contacted border control as well for records of my husband's entry and exit dates, but to date have heard nothing and can't find anyway to chase them..
I think you may be up against a officer just jerking you around, have you tried making an appointment with a supervisor?
#5
Re: Proving physical presence for citizenship application for son
Julie, please explain your circumstances more. Where was your son born etc.
#6
Account Closed
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: Proving physical presence for citizenship application for son
1) He is a US permanent resident (= green card);
2) He is in the legal and physical custody of a US citizen parent; and
3) He is under age 18.
If all 3 of these are true, then he IS a US citizen and you don't need to apply for citizenship for him. He is a USC as a matter of law, and all you need to do is apply for a US passport for him.
Ian
#7
Re: Proving physical presence for citizenship application for son
Folks, JulieinAustin is not IN the US anymore, per her previous last post.
I think we need more information to be able to help her.
For example, Julie, why are you applying for citizenship for your child? What form did you complete and submit to get the answers you did?
I think we need more information to be able to help her.
For example, Julie, why are you applying for citizenship for your child? What form did you complete and submit to get the answers you did?
#8
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Thread Starter
Joined: Jun 2009
Location: Austin, Texas
Posts: 116
Re: Proving physical presence for citizenship application for son
Thanks for all your replies sorry I should have been more clear about our background. My husband was born in Israel but is a US citizen because his father is american, so was naturalised when he was 18. He has lived in the US for the past 10 years and I was a greencard holder there for three years.. We just moved back to the UK at the beginning of last year because I was pregnant and didn't want to give birth over there and we wanted to be closer to our families and we've been living in the UK for about a year and a half.
My understanding is that our son is eligible for citizenship because my husband is a US citizen and has lived there at least five years after the age of 14. The US embassy in London are giving us a hard time trying to prove that he had actually lived there for said amount of time. I honestly thought it would be much easier for us since he had been there for such a long time. We went there the other day to try and submit more evidence such as tax returns and college documents from 2003. We were told the tax returns were no help but the college docs may possibly help. We have lease agreements as well from the last five years and were also told that they're also insufficient... Finding the whole experience very frustrating!
My understanding is that our son is eligible for citizenship because my husband is a US citizen and has lived there at least five years after the age of 14. The US embassy in London are giving us a hard time trying to prove that he had actually lived there for said amount of time. I honestly thought it would be much easier for us since he had been there for such a long time. We went there the other day to try and submit more evidence such as tax returns and college documents from 2003. We were told the tax returns were no help but the college docs may possibly help. We have lease agreements as well from the last five years and were also told that they're also insufficient... Finding the whole experience very frustrating!
#9
Forum Regular
Thread Starter
Joined: Jun 2009
Location: Austin, Texas
Posts: 116
Re: Proving physical presence for citizenship application for son
When you say contacted I assume you mean a Freedom of Information Act request. There is a set time within which they should respond.
Reading http://www.cbp.gov/xp/cgov/admin/fl/...ence_guide.xml gives the following contact information:
U.S. Customs and Border Protection
FOIA Division
799 9th Street NW, Mint Annex
Washington, DC 20229-1181
The phone number for the FOIA office is (202) 325-0150.
That said, it isn't clear if they have that information could need to ask under DHS TRIP or DHS US VISIT.
Reading http://www.cbp.gov/xp/cgov/admin/fl/...ence_guide.xml gives the following contact information:
U.S. Customs and Border Protection
FOIA Division
799 9th Street NW, Mint Annex
Washington, DC 20229-1181
The phone number for the FOIA office is (202) 325-0150.
That said, it isn't clear if they have that information could need to ask under DHS TRIP or DHS US VISIT.
#10
Re: Proving physical presence for citizenship application for son
My husband was born in Israel but is a US citizen because his father is american, so was naturalised when he was 18. He has lived in the US for the past 10 years and I was a greencard holder there for three years.. We just moved back to the UK at the beginning of last year because I was pregnant and didn't want to give birth over there and we wanted to be closer to our families and we've been living in the UK for about a year and a half.
My understanding is that our son is eligible for citizenship because my husband is a US citizen and has lived there at least five years after the age of 14. The US embassy in London are giving us a hard time trying to prove that he had actually lived there for said amount of time. I honestly thought it would be much easier for us since he had been there for such a long time. We went there the other day to try and submit more evidence such as tax returns and college documents from 2003. We were told the tax returns were no help but the college docs may possibly help. We have lease agreements as well from the last five years and were also told that they're also insufficient.
My understanding is that our son is eligible for citizenship because my husband is a US citizen and has lived there at least five years after the age of 14. The US embassy in London are giving us a hard time trying to prove that he had actually lived there for said amount of time. I honestly thought it would be much easier for us since he had been there for such a long time. We went there the other day to try and submit more evidence such as tax returns and college documents from 2003. We were told the tax returns were no help but the college docs may possibly help. We have lease agreements as well from the last five years and were also told that they're also insufficient.
This is what the embassy's own website says:
http://london.usembassy.gov/cons_new...-presence.html
Tax returns don't help much on their own but they can be part of a dossier of evidence showing presence in the USA. Especially State tax - if he lived in a state with income tax, and filed state returns?
Also, there is an organization for American citizens overseas and they might be able to help deal with the embassy: http://www.aca.ch
#11
Re: Proving physical presence for citizenship application for son
Who is "they?" What, if any, application has been filed?
#12
Just Joined
Joined: Mar 2011
Posts: 7
Re: Proving physical presence for citizenship application for son
Thanks for all your replies sorry I should have been more clear about our background. My husband was born in Israel but is a US citizen because his father is american, so was naturalised when he was 18. He has lived in the US for the past 10 years and I was a greencard holder there for three years.. We just moved back to the UK at the beginning of last year because I was pregnant and didn't want to give birth over there and we wanted to be closer to our families and we've been living in the UK for about a year and a half.
My understanding is that our son is eligible for citizenship because my husband is a US citizen and has lived there at least five years after the age of 14. The US embassy in London are giving us a hard time trying to prove that he had actually lived there for said amount of time. I honestly thought it would be much easier for us since he had been there for such a long time. We went there the other day to try and submit more evidence such as tax returns and college documents from 2003. We were told the tax returns were no help but the college docs may possibly help. We have lease agreements as well from the last five years and were also told that they're also insufficient... Finding the whole experience very frustrating!
My understanding is that our son is eligible for citizenship because my husband is a US citizen and has lived there at least five years after the age of 14. The US embassy in London are giving us a hard time trying to prove that he had actually lived there for said amount of time. I honestly thought it would be much easier for us since he had been there for such a long time. We went there the other day to try and submit more evidence such as tax returns and college documents from 2003. We were told the tax returns were no help but the college docs may possibly help. We have lease agreements as well from the last five years and were also told that they're also insufficient... Finding the whole experience very frustrating!
Just to let you know if you get nowhere with this your husband can file for an immigrant visa for your son and once he enters the USA he will instantly naturalize to a US citizen. The downside of this is its more expensive and your son will be a naturalized citizen not natural born.
I am trying to gather any documents I can for applying for a CRBA with the USA embassy for my own son, I had posted a topic because odd circumstances lead to me not having much of anything to prove physical presence. From reading people's experiences online on message boards and blogs it definitely strikes me that the process is very arbitrary. Even for those who qualify some people are approved with little trouble and for others it seems no amount of evidence is sufficient. Its possible they are discriminating against your husband because of his naturalized status and perhaps accent etc. Of course this is illegal and they will never admit it, but I don't doubt it happens.
#14
Just Joined
Joined: Mar 2011
Posts: 7
Re: Proving physical presence for citizenship application for son
You really believe its totally impossible? It was just a general suggestion for something to think about and keep in mind, her husband submitted all requested documents and is given nothing but excuses. It could be a lot of things, all I offered was a thought.
#15
Account Closed
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: Proving physical presence for citizenship application for son
You strike me as the worst kind of snob... someone who believes that those of us who are naturalized USCs are somehow inherently inferior to someone who is born a USC. This explains why you're trying so desperately to prove your own son was a USC at birth. You can't stand the thought that your own son might not be as worthy as some kid who was born in the US but whose parents are illegal. Your every post smacks of entitlement and superiority, and nothing but contempt for those of us who weren't born a USC.
Ian